Answer2

LIMITATIONS OF AMENDING POWER IN INDIA.

Parliament cannot destroy basic structure of constitution

This can be understood by this can be understood by the landmark judgement given in
Keshavandhabharti case(1971) It states that, parliament has the power to amend any part of the
constitution including fundamental rights and preamble
But the court also verdicted that parliament cannot takeaway or alter the basic . basic structure of
the constitution.
Basic features of the constitution are the fundamental values that reflect the philosophy of the
constitution.
Supreme court ruled exhaustive list of whatconsituties to be basic features’- judicial review,
ruleof law, democracy,supremacy of constitution.. Since constitutional supremacy is restored by
court, parliaments cannot destroy basic feature of the constitution .doctrine of the basic structure,
the Govt. enacted the constitution (42ND Amendment) Act.1979 and added clauses (4) and (5) to
art. 368 which provided for exclusion of judicial review of amendments of the constitution made
before or after the 42nd Amendment. It also declared that there shall be no limitation on the
amending power of the parliament under article 368. The court held that clause (4) and (5) of art.
368 are unconstitutional as it affects the basic structure of the constitution i.e. judicial review.
However, there was difference of opinion on validity of amended article 31-C which gave
primacy to all Directive principles over the fundamental rights. Although the minority declared
void the amended article 31-C, justice Bhagwati (minority judgment) upheld it by giving a
restrictive interpretation in terms of doctrine of basic structure.
limitations of amending power in u.s.a
The U.S. Constitution establishes a system of dual sovereignty between the states and the federal
government, with each state having its own government, endowed with all the functions essential
to separate and independent existence. Although the Supremacy Clause of the Constitution
designates “the Laws of the United States” as “the supreme Law of the Land,” other provisions
of the Constitution—as well as legal principles undergirding those provisions—nonetheless
prohibit the national government from enacting certain types of laws that impinge upon state
sovereignty. The various principles that delineate the proper boundaries between the powers of
the federal and state governments are collectively known as “federalism.” Federalism-based
restrictions that the Constitution imposes on the national government’s ability to enact legislation
may inform Congress’s work in any number of areas of law in which the states and the federal
government dually operate.
There are two central ways in which the Constitution imposes federalism-based limitations on
Congress’s powers. First, Congress’s powers are restricted by and to the terms of express grants
of power in the Constitution, which thereby establish internal constraints on the federal
government’s authority. The Constitution explicitly grants Congress a limited set of carefully
defined enumerated powers, while reserving most other legislative powers to the states. As a
result, Congress may not enact any legislation that exceeds the scope of its limited enumerated
powers. That said, Congress’s enumerated powers nevertheless do authorize the federal
government to enact legislation that may significantly influence the scope of power exercised by
the states. For instance, subject to certain restrictions, Congress may utilize its taxing and
spending powers to encourage states to undertake certain types of actions that Congress might
otherwise lack the constitutional authority to undertake on its own. Similarly, the Supreme Court
has interpreted the Constitution’s Commerce Clause to afford Congress substantial (but not
unlimited) authority to regulate certain purely intrastate economic activities that substantially
affect interstate commerce in the aggregate. Congress may also enact certain types of legislation
in order to implement international treaties.

ANSWER -3
The Citizenship Act, 1955 regulates who may acquire Indian citizenship and on what grounds. 
A person may become an Indian citizen if they are born in India or have Indian parentage or have
resided in the country for a period of time, etc.  However, illegal migrants are prohibited from
acquiring Indian citizenship.  An illegal migrant is a foreigner who: (i) enters the country without
valid travel documents, like a passport and visa, or (ii) enters with valid documents, but stays
beyond the permitted time period
CITIZENSHIP- The Constitution of India provides for a single citizenship for the whole of
India. Every person who was at the commencement of the Constitution (26 January 1950)
domiciled in the territory of India, and (a) who was born in India, or (b) either of whose parents
was born in India, or (c) who has been ordinarily resident in India for not less than five years,
became a citizen of India. The Citizenship Act, 1955 deals with matters relating to acquisition,
determination and termination of Indian citizenship after the commencement of the Constitution.
Modes of Acquisition of Nationality

An individual can also acquire the nationality of a state in accordance with the rules of Municipal
Law. It implies that Municipal Law determines as to who may additionally be a national of a
specific state. Modes of acquisition of nationality consequently are no longer uniform.
The modes of acquiring nationality of a state are as follows:

Birth: Many states confer Nationality to a man or woman on the groundwork of birth. The
persons who take birth inside territorial limit of a country becomes entitled to nationality of that
state. This principle is referred to as jus soli. United Kingdom, United States and many different
states follow the precept of jus soli. In India, nationality is conferred on the basis of birth
under Section 3 of Indian Citizenship Act, 195

Descent: An individual can obtain nationality of a State with the aid of an individual on the
groundwork of nationality of either parents. Thus a baby can also turn out to be a national of that
State of which his dad and mom are nationals. This principle is acknowledged as jus
sanguinis and have been acquired by Germany and France for conferring
Nationality. under Section 4 of the Indian Citizenship Act, 1955.
Naturalization: Nationality of a person can be changed after birth of a person and acquiring of
nationality of other state is known as acquisition of nationality through naturalization. Examples
of Naturalization are Marriage, legitimation, domicile acquisition, appointment as Government
official, and grant of application and Adoption of children by parents who are nationals of other
states. In India, nationality is conferred through Naturalization under Section 6 of Indian
Citizenship Act, 1955.

Registration: Nationality can also be acquired through registration. The process may differ from
one state to other in accordance to laws of the respective States. Indian Citizenship Act,
1955 under Section 5 provides for the categories of individuals who can acquire Indian
citizenship through the process of registration.

Citizenship by incorporation of territory. If any new territory becomes a part of India, the
Government of India, the Government of India shall notify the persons of that territory to be
citizens of India.

Modes of Loss of Nationality-

Release: Laws of some states provide that citizens can lose nationality through release.
An application for loss of nationality is required to be submitted. On acceptance of
such application, the individual loses nationality of the concerned state.

Deprivation: If a national of a state obtains employment in another state without

obtaining permission of the state to which he belongs, he may be deprived of
nationality in accordance with the laws of that state.

Substitution: According to principle of substitution, an individual can get nationality of

a state in substitution of nationality of the other state. In substitution, a person loses
nationality of one state and replaces it with other state’s nationality.
 Renunciation: A person can also renounce the nationality of a state if he has acquired
nationality of more than one state. In such cases, he has to decide whether he will remain
a national or not. After making such decision, he can either renounce the nationality or
decide to be a national.